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CHARNOCK v. PREFERRED MUTUAL INSURANCE COMPANY

281 A.D.2d 981 (2001)

722 N.Y.S.2d 670

NORMAN J. CHARNOCK et al., Respondents, v. PREFERRED MUTUAL INSURANCE COMPANY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 21, 2001.

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied that part of defendant's motion seeking dismissal of the action pursuant to CPLR 3216. Plaintiffs met their burden of demonstrating a justifiable excuse for their failure to file a note of issue within 90 days of defendant's demand (see, CPLR 3216 [e]; Lichter v State of New York, 198 A.D.2d 687

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